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This  Court  will  depend  largely  for 
its  success  upon  the  dignity , 

£00^  w///,  <2#*/  the  earnestness  of 
those  who  participate  in  its  work 
and  seek  to  share  its  benefits. 


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University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/rulesofpracticec1902nort 


General  Plan  of  Work 


The  function  of  the  Practice  Court  is 
to  give  thorough  drill  and  practical  in- 
struction in  the  trial  of  cases,  so  that  the 
graduate  may  be  familiar  with  the  work  of 
a court  room  when  he  enters  upon  his  pro- 
fessional career. 

The  proceedings  are  under  the  direction 
of  a member  of  the  faculty,  who  is  to  be 
known  as  the  Judge  of  the  Practice  Court. 
Sessions  of  the  court  will  be  held  each 
Thursday  evening,  and  at  such  other  times 
as  the  Judge  may  direct. 

The  officers  of  the  court  consist  of  the 
presiding  judge,  the  clerk,  the  sheriff,  the 
bailiff  and  such  other  officers  as  it  may  be 
necessary  to  appoint.  Their  duties  shall 
be  such  as  are  required  by  the  laws  of  the 
State  of  Illinois. 

The  cases  tried  will  involve  the  pro- 
ceedure  of  Superior,  Circuit,  County, 
Probate  and  Criminal  Courts.  All  cases 
will  be  conducted  according  to  the  rules 
that  obtain  in  the  various  courts  of  this 
State. 


A statement  of  facts  is  prepared  by  the 
Judge  of  the  Practice  Court  and  assigned  to 
the  respective  attorneys,  two  on  each  side 
of  the  case.  Upon  this  statement  of  facts 
the  attorneys  will  prepare  all  the  pleadings 
and  take  the  necessary  steps  to  bring  the 
case  to  an  issue  of  law  or  of  fact.  This 
will  call  for  the  issuing  of  the  proper  pro- 
cess; the  preparation  and  filing  of  the 
necessary  pleadings,  a demurrer,  answer 
or  other  plea  or  motion;  the  summoning 
and  preparation  of  witnesses;  the  impanel- 
ing of  a jury;  the  examination  and  cross- 
examination  of  witnesses;  the  argument  to 
the  Court  and  jury,  and  all  other  appro- 
priate steps  from  the  commencement  of 
an  action  to  the  final  verdict. 

Any  member  of  the  third  year  class  may 
take  this  course  and  receive  therefor  credit 
to  the  extent  of  not  more  than  four  term 
hours.  All  jurors  and  witnesses  are  to  be 
selected  from  the  Senior  class,  except  that 
on  cause  shown  to  the  Court  they  may  be 
taken  from  other  classes. 


Rules  of  the  Practice  Court 


Rule  I — Attorneys 

At  the  beginning  of  each  term,  four 
(4)  attorneys  will  be  assigned  by  the 
presiding  judge  to  each  case,  two  (2) 
attorneys  on  each  side. 

Rule  II — Forum 

All  cases  will  be  tried  under  the 
Common  Law  and  Statutes  of  Illi- 
nois. All  questions  as  to  the  proper 
court,  process,  form  of  action,  prac- 
tice, pleading,  evidence,  motions  for 
new  trial,  and  for  arrest  of  judgment, 
and  other  procedure  shall  be  gov- 
erned by  the  laws  of  this  State. 

Rule  111 — Time 

All  steps  and  proceedings  in  any  cause 
not  otherwise  provided  for,  shall  be 
taken  within  the  time  fixed  by  the 
Statutes  of  Illinois  and  the  rules  as 
given  by  the  various  courts  of  Cook 
County,  except  that  no  more  than 
fifteen  (15)  days  shall  be  allowed  in 
any  case. 


Rule  IV — Proceedings 

Upon  the  assignment  of  a statement 
of  facts  the  attorneys  shall  begin  their 
action  within  fourteen  (14)  daysr there- 
after and  each  side  shall  then  prose- 
cute the  case  with  due  diligence  to 
an  issue  of  law  or  of  fact.  Upon  an 
issue  being  reached  each  side  shall 
within  three  (3)  days  so  notify  the 
clerk  of  the  court  in  writing. 

Rule  V — Process 

The  attorneys  for  the  plaintiff  shall 
file  the  proper  praecipe  with  the  clerk, 
who  shall  thereupon  issue  a summons, 
which  shall  be  duly  served  by  the 
sheriff  and  return  had  thereon  within 
fourteen  (14)  days.  No  seal  shall 
be  required.  Where  blanks  or  forms 
are  not  obtainable  from  the  clerk  of 
the  court,  the  attorneys  shall  draft  the 
proper  form. 

Rule  VI— Service 

Summons,  original  process,  execu- 
tions and  orders  of  the  court  shall  be 
served  by  the  sheriff  or  deputy*  ‘ All 
other  papers  and  notices  may  be 
served  by  the  attorneys  in  the  case. 


Rule  VII — Jurors 

Juries  shall  be  drawn  from  the  third- 
year  class.  Six  jurors  shall  be  drawn 
for  each  case.  Any  member  of  the 
third-year  class  who  is  not  otherwise 
engaged  in  any  manner  in  the  cause 
then  on  hearing  shall  be  liable  to 
service. 

Rule  VIII— Witnesses 

No  more  than  six  witnesses  shall  be 
allowed  on  either  side.  No  more 
than  two  witnesses  shall  be  called  on 
any  one  point  in  dispute,  unless  for 
cause  shown  the  Court.  The  attorneys 
shall  select  and  prepare  their  witnes- 
ses before  trial.  Under  no  circum- 
stances will  an  attorney  be  allowed  to 
coach  a witness  after  he  has  taken 
the  witness  stand;  nor  shall  a witness 
testify  from  written  notes.  The  names 
of  the  witnesses  shall  be  handed  to 
the  clerk  before  the  jury  is  called. 

Rule  IX — Argument 

Time  will  be  assigned  by  the  presid- 
ing Judge  for  argument.  Each  attor- 
ney will  be  required  to  participate 
therein.  When  citing  cases  to  the 
Court  the  attorneys  are  expected  to 
state  the  facts  and  the  rulings  in  the 
case  cited  without  reading  from  the 
book  of  reports 


Rule  X— Motions 

Motions  of  course  and  contested  mo- 
tions will  be  heard  at  the  opening  of 
court,  and  will  take  precedence  of  all 
other  matters. 

Rule  XI—Notices 

All  notices  by  posting  and  publication 
shall  be  made  on  the  court  bulletin 
board,  and  a failure  to  observe  any 
notice  thus  posted  will  not  be  accepted 
an  excuse.  This  rule  will  also  apply 
to  all  directions  addressed  to  mem- 
bers of  the  class. 

Rule  XII  -Briefs 

a . So  soon  as  an  issue  of  law  or  of  facts 
is  reached,  the  attorneys  for  each  side 
shall  file  a brief  containing  a citation 
of  the  authorities  for  each  step  taken 
up  to  and  including  the  joinder  of 
issue.  Such  brief  shall  refer  to  the 
rules  of  this  Court,  the  rules  of  the 
Courts  of  this  county,  to  the  decisions 
and  statutes  of  this  State,  and  to  other 
authorities  pertaining  to  the  proposi- 
tion involved. 

b.  Upon  all  motions  and  instructions  the 
same  requirement  shall  apply. 


Rule  XIII — Form 

All  pleadings,  briefs,  petitions,  orders, 
motions,  and  instructions  shall  be 
properly  entitled  and  numbered  to 
correspond  with  the  statement  of 
facts,  and  shall  be  neatly  and  legibly 
written  (typewritten  if  possible)  with- 
out interlineation  or  erasure,  and  shall 
be  enclosed  in  a suitable  cover,  pro- 
perly endorsed  with  the  number,  the 
venue,  the  title  of  the  case  and  the 
names  of  the  attorneys  therein. 

Rule  XIV — Instructions 

All  instructions  shall  be  written  either 
in  ink  or  by  typewriter  on  legal  cap 
paper  without  mark,  erasure  or  inter- 
lineation. But  one  instruction  shall  be 
placed  on  one  sheet  of  paper.  All  in- 
structions shall  be  handed  to  the 
Court  before  argument  to  the  jury 
begins, 

R^ule  XV — General  Observations 

a . Court  will  be  opened  by  the  bailiff  in 
the  manner  prescribed  by  law,  all  at- 
torneys standing. 

b.  The  attorneys  shall  stand  when  ad- 
dressing the  court  or  the  jury  and 
when  examining  or  cross-examining 
witnesses. 


c.  One  attorney  only  shall  examine  or 
cross-examine  the  same  witness. 

d.  In  addressing  the  Court,  all  persons 
are  to  use  the  following  form:  “Your 
honor,”  or  “If  the  Court  please,”  or 
“May  it  please  the  Court.” 

e.  The  oath  to  jurors  and  witnesses  shall 
be  “You  do  promise,”  etc.,  the  name 
of  the  Deity  being  omitted. 

Rule  XVI— Clerk 

a . The  clerk  shall  keep  a docket  of  all 
cases  arising  in  the  Practice  Court  and 
of  the  attorneys  appearing  therein. 
Such  docket  shall  contain  the  number 
of  the  case,  the  title,  and  the  action; 
the  date  of  filing  the  various  processes, 
pleadings,  motions,  and  orders;  the 
names  of  the  jury,  their  verdict,  and 
the  final  disposition  of  the  case. 

b.  The  clerk  shall  post  all  notices  on  the 
bulletin  board  and  shall  issue  such 
summons  and  papers  as  the  law  and 
the  Court  may  direct. 

Rule  XVII — Sheriff 

The  duties  of  the  sheriff,  the  bailiff 
and  other  officers  appointed  by  this 
Court  shall  conform  to  the  duties  pre- 
scribed by  the  statutes  of  this  state. 


Concluding  Suggestions  to 
Members  of  the  Class 

This  is  not  a moot  court.  The  state- 
ment of  facts  is  based  on  conditions  sup- 
posed to  be  actually  existing.  Take  up 
your  part  of  the  work  in  the  same  spirit 
as  if  your  client  had  actual  matters  at 
stake  and  your  professional  success  were 
involved.  Throw  aside  all  reserve  and 
entertain  no  feelings  other  than  those 
necessary  to  convince  Court  and  jury  that 
your  client  is  in  the  right.  Prepare  your 
witnesses  so  they  may  stand  the  test  of 
examination  and  cross-examination.  The 
witness  may  assume  age,  residence,  occu- 
pation and  other  data  not  inconsistent 
with  the  assigned  statement  of  facts. 

Study  carefully  the  statement  of  facts. 
Make  the  proper  person  or  persons  parties 
plaintiff  and  defendant.  Commence  your 
action  in  the  proper  channel.  Draw  your 
pleadings  with  a purpose  in  view.  Know 
the  reason  for  each  and  every  step.  Study 
results  before  you  take  final  steps. 

Zeal,  decorum  and  respect  are  the  at- 
tributes of  a successful  lawyer.  The  court 
room  is  no  place  for  presumption,  for  in- 
difference, or  for  carelessness.  Remember, 
finally,  that  the  only  object  and  study  of 
the  presiding  judge  will  be  to  work  to  your 
greatest  good  and  advancement. 


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